What You Need to Know About the Alien Enemies Act
Newark, New Jersey was the site of one of the first workplace raids of the new administration. Immigration and Customs Enforcement (ICE) detained multiple individuals—apparently both undocumented individuals and U.S. citizens—even though they did not have a warrant to enter the workplace or make arrests. The Newark mayor claimed the event was an obvious violation of the Fourth Amendment to the Constitution, which guarantees the right to be free of unreasonable searches and seizures. To be clear, U.S. Constitutional protections apply to anyone living in the country, whether they are documented or not, whether they are sterling citizens or the most hardened of criminals. Disagreement on these issues are growing as the administration begins deporting individuals suspected of criminal activity by engaging in warrantless arrests and deportations with no due process. It’s all based on an 18th century law called the Alien Enemies Act.
The History of the Alien Enemies Act
Historically, The Alien Enemies Act was the legal authority behind German, Japanese, Italian, and other removals and detentions during the World Wars. It infamously played a major role in interring those of Japanese descent during WWII.
A president may deport or detain citizens of an enemy nation without providing a hearing during times of war according to the Alien Enemies Act. The law was intended to be a wartime deterrent to foreign sabotage and/or espionage back in 1798. In today’s world, the law is being used against immigrants who reside in the U.S.–both lawfully and, in some cases, illegally. Sometimes these individuals have broken no laws or in any way indicated a disloyalty to America. And since these people are being arrested and sent out of the country without hearings to determine whether the charges against them are legit, we simply don’t know if they are guilty of criminal activity or not.
Again, the Alien Enemies Act may be invoked only in times of war. Equally important, Congress—not the U.S. president– is granted the power to declare a war by the Constitution. Worth noting, however, is the fact that a president may invoke the law based on the threat of a predatory incursion or invasion.
A Balancing Act
The question becomes, how do we weigh the Constitutional rights of citizens and immigrants of all stripes against power to arrest, detain, and deport– even with no charges—afforded by the Alien Enemies Act? While some argue that there is no place for the Alien Enemies Act, even during a war, others believe it is an essential tool to protect America.
Facing the Unknown
If you are concerned about possible detention or deportation, it’s important to note that ICE agents have already entered homes and workplaces without a warrant in order to make arrests of individuals they suspected were in the country illegally, and many of those individuals have been unable to contact an attorney. The time to acquire legal help is before an arrest takes place. At The Law Office of Julia Kefalinos, looking out for your Constitutional rights is what we do best. Schedule a confidential consultation with our Miami criminal defense lawyers.
Source:
reason.com/2025/03/21/will-ice-use-the-alien-enemies-act-to-enter-homes-without-warrants/
